The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1887-05-28
MAXWELL LAND GRANT
CASE.

Three Important Decisions Rendered
by the United States Supreme
Court.
WASHINGTON, May PA decision
was rendered in the case of the Ph!la-
delphia and Southern Mail Steamship
Company against the State of Penn
sylvania, involving the question wheth-
er State can constitutionally impose
upon a steamship company, incorpo-
rated under its laws, a tax upon the
gross receipts of the company derived
from the transportation of freight
and passengers by sea between differ
ent States and to and from foreign
countries. The court decides in favor
OF the steamship company, bv revers-
ing the decision of the supreme court
of Pennsylvania, which had given
judgment for the State for the princi-
pal of the tax and interest from the
time of commencing suit.
: In the case Of the United States
against G.. A. Aufmordt 81 Co, OF
New York City, the court decides in
favor of the New York firm. This
was suit brought by the
government to recover $32l,2l9
with interest. the full value OF i'm.
ported merchandise alleged to have
been entered and invoiced at a price
lower than their actual market value
at the time and place of importation.
The district. court where this suit was
first brought ruled that there was no
existing statute of the United States
under which the government could
recover upon any possible proof, and
that verdict for the defendant. The
case was then taken to the Unite d
States circuit court in New York
City, where the Judgment OF the dis
trict court w"s affirmed, and the su-
preme court to-day affirmed the judg-
ment of the circuit court.
In the case of the petition for re-
hearing of the Maxwell land grant
case, recently decided by the supreme
court, the petition is denied. Mr..
Justice Miller, who delivered the
opinion Of the court, says: "All the
points suggested in the petition have
been carefully considered by the
court. The case has been pending in
the courts since 1882, and on account
of its importance wac advanced for
hearing in the supreme court. The
arguments on both sides were I'M
restricted in point of time. The court
was thoroughly impressed with the
Importance of the case, not only on
account OF the extent of the grant and
its value, but also on account of its
involving principles which will be-
come precedent with cases of SINH
lar nature now rapidly increasing in
number. 1t was, therefore, given a
most careful examination, and the
petition for a rehearing has had a
similar attentive consideration. The
result is that the court is entirely sat
isfied that the grant as confirmed by
the action of congress is valid grant,
that the survey and patent issued
upon it, as well as the original grant,
are entirely free from any fraud on
the part of the grantee, and the de-
cision could be no other than that
confirmed by the supreme court of the
United States.
The case of Major Ben Runkle for
reinstatement In the army and back
pay, which came from the court of
claims to the United States supreme
court Il few years ago, was decided to-
day in favor of Major Runkle. He
was reinstated under the administra-
ton of Mr.. Hayes, but under the adj
ministration of Gen. Arthur his case
was recommitted to the court OF
claims and there decided adversely.